(A) The village, pursuant to 220 ILCS 5/22-501 et seq., does hereby declare that for any material breach of the standards and requirements of the Cable and Video Customer Protection Law, as incorporated by reference in this article, a cable or video provider shall be subject to monetary penalties which shall not exceed $750 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer. Such penalties shall be in addition to the penalties provided in the law and shall not represent the village’s exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.
(B) MATERIAL BREACH means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
(C) The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least 30 days from the receipt of the notice to remedy the specified material breach.
(D) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in division (C) above.
(E) The Board of Trustees hereby delegates authority to levy penalties to the Village Administrator.
(F) The decision of the Village Administrator to levy penalties may be appealed to the Board of Trustees, which shall conduct a hearing on the alleged material breach and penalties levied therefore within 21 days following receipt of the cable or video providers request for an appeal.
(Ord. 2007-10-38, passed 10-15-2007)